Search for notes by fellow students, in your own course and all over the country.
Browse our notes for titles which look like what you need, you can preview any of the notes via a sample of the contents. After you're happy these are the notes you're after simply pop them into your shopping cart.
Title: Contract law
Description: Advise the parties in the following scenarios: Mick is a member of a gang which has carried out a number of assaults. Mick has a disagreement with one of his fellow gang members, Linda and is told at midday that Linda will be coming to his house at midnight to resolve the dispute using weapons. When Linda arrives at Mick’s house, Mick is waiting with a shotgun and shoots her. Mick seeks your advice on the availability of the defence of self defence. Patricia is told by Ian “I have taken your sister hostage. Rob that shop, or I will kill her”. Patricia robs the shop, and now seeks your advice on whether the defence of duress is available to her. Penny and Pat sit one evening and discuss a bank robbery. They choose the bank location, time and date when they will carry out the robbery. However, on the agreed date, Penny has a cold, so decides to stay home. Pat still goes to the bank with the intention of carrying out the robbery, however he gets stuck in the revolving door to the building, so he too decides to go home. Advise Penny and Pat as to any possible criminal liability.
Description: Advise the parties in the following scenarios: Mick is a member of a gang which has carried out a number of assaults. Mick has a disagreement with one of his fellow gang members, Linda and is told at midday that Linda will be coming to his house at midnight to resolve the dispute using weapons. When Linda arrives at Mick’s house, Mick is waiting with a shotgun and shoots her. Mick seeks your advice on the availability of the defence of self defence. Patricia is told by Ian “I have taken your sister hostage. Rob that shop, or I will kill her”. Patricia robs the shop, and now seeks your advice on whether the defence of duress is available to her. Penny and Pat sit one evening and discuss a bank robbery. They choose the bank location, time and date when they will carry out the robbery. However, on the agreed date, Penny has a cold, so decides to stay home. Pat still goes to the bank with the intention of carrying out the robbery, however he gets stuck in the revolving door to the building, so he too decides to go home. Advise Penny and Pat as to any possible criminal liability.
Document Preview
Extracts from the notes are below, to see the PDF you'll receive please use the links above
The cases here between Marcus and Olivia, Marcus and Nina, Quentin and Marcus and Paul were all
classified as a valid, enforceable contract; how to determine that? Simply by three main components,
the first is the acceptance and offer; in all cases, Nina, Olivia, Quentin, and Paul offered Marcus business
to do specific work; with profit in return (so here is the offer
...
The second element is the intention to create
legal relations1; a good example is the Balfour and Balfour case which explains how the absence of the
intention to create a legal contract occurs2
...
Finally, the consideration3 is
clarified in the Currie v Misa case, encapsulating the term as "right, profit, or benefit accruing to the one
or same forbearance, determent loss a responsibility is given undertaken by the other party
...
For example, in Nina and Marcus' case,
Nina's consideration was to pay 15000 pounds, and Marcus renovated Nina's house
...
However, some defects and
mistakes will occur to create problems with remedies and voids of a contract we will discover during this
project
...
Contract Law: Text, Cases and Materials (2018, OUP)
2
Balfour and Balfour [1919] 2 KB 571
3
Ibid to 1
4
Currie v Misa (1875) LR 10 Ex 153; (1875-76) LR 1 App Cas 554
5
Ibid to 1
Marcus and Nina
Once a contract is established, it is necessary to comply with the contract clauses without making
changes6
...
Did Nina have the legal right to
refuse to pay the fees she agreed with Marcus due to a contract breach?
Under Consumer Rights Act 2015, section 11(1), 'every contract that contributes goods by description
must be treated as described in agreement terms
...
11(1) proves that Marcus has breached the
contract as his duty was to clear the rooms of all the old furnishing and decoration, place new carpets,
and paint the walls
...
In addition, s
...
8‘ Nina would not refuse to pay Marcus if she approved the breach
...
" So that here, Nina has to reject Marcus's
work as it doesn't comply with the agreement9
...
Hoenig agreed to do decoration with outstanding half of the fees on
completing the work
...
As a result, Issac refused to pay the remaining fees
...
Therefore, the employer was entitled to pay the contract fees and
deductions for the defects 10
...
Bolton v Mahadeva case applies to Marcus; yes, Marcus has made
6
Ibid to 1
7
Consumer Rights Act 2015 s
...
11(5)
9
Arcos Ltd v EA Ronaasen & Son [1933] AC 470
10
Hoenig v Issacs [1952] All ER 176
11
Bolton v Mahadeva [1972] 2 All ER 1322
an effort, but still, he didn't reach the aim he and Nina agreed to perform, so there wasn't adequate
performance from Marcus12
...
Marcus agreed with his client Nina repair the three
bedrooms in Nina's house, as £15,000 are given to Marcus when completing his work
...
He also didn't extend curtains and other furnishings in the
other two rooms
...
Talking everything, Marcus is found guilty of breach s
...
But Nina has also breached the
contract when terminating the agreement by hiring Marcus's competitor, had the following options
under s
...
15 However, Nina breached the contract and terminated it without Marcus
agreement
...
19(3)
Marcus And Olivia
Olivia had specific aspects for her window, but Marcus caused damages on construction not as agreed
...
For the
claimant, no, that's not what I paid for, so his legal right to get what he wanted, on the other hand, the
defendant was terminating with no profit
...
Mustill Lord
Judge announced in this case that 'this case provided a one-of-a-kind situation in which, despite poor
performance, the cost of rectification would be ridiculous
...
Lloyd LJ: While the purpose of damages is ordinarily
irrelevant, it may be taken into account for determining reasonability
...
He won't gain any profit, yet he is
entitled to put £5,000 to improve the window to comply with what he agrees with Olivia
...
17" Let's stop here and ask will Olivia agree on the modifications of the agreement?
Moreover, Marcus has reached the aim of designing a window
...
Marcus will be liable to repair the window,
which costs £15,000 to remove
...
23(2b), 'if the consumer demands the trader to repair or
replace the trader must afford any essential costs in doing so (comprise the unavoidable price of any
employees, materials or postages
...
23(6)19
...
Marcus accepted Olivia's offer, as Olivia wished to have a roof window in her garage that allows
light to get into her garage possibly; Marcus designed her a window
...
However, the window was perfectly inserted
Title: Contract law
Description: Advise the parties in the following scenarios: Mick is a member of a gang which has carried out a number of assaults. Mick has a disagreement with one of his fellow gang members, Linda and is told at midday that Linda will be coming to his house at midnight to resolve the dispute using weapons. When Linda arrives at Mick’s house, Mick is waiting with a shotgun and shoots her. Mick seeks your advice on the availability of the defence of self defence. Patricia is told by Ian “I have taken your sister hostage. Rob that shop, or I will kill her”. Patricia robs the shop, and now seeks your advice on whether the defence of duress is available to her. Penny and Pat sit one evening and discuss a bank robbery. They choose the bank location, time and date when they will carry out the robbery. However, on the agreed date, Penny has a cold, so decides to stay home. Pat still goes to the bank with the intention of carrying out the robbery, however he gets stuck in the revolving door to the building, so he too decides to go home. Advise Penny and Pat as to any possible criminal liability.
Description: Advise the parties in the following scenarios: Mick is a member of a gang which has carried out a number of assaults. Mick has a disagreement with one of his fellow gang members, Linda and is told at midday that Linda will be coming to his house at midnight to resolve the dispute using weapons. When Linda arrives at Mick’s house, Mick is waiting with a shotgun and shoots her. Mick seeks your advice on the availability of the defence of self defence. Patricia is told by Ian “I have taken your sister hostage. Rob that shop, or I will kill her”. Patricia robs the shop, and now seeks your advice on whether the defence of duress is available to her. Penny and Pat sit one evening and discuss a bank robbery. They choose the bank location, time and date when they will carry out the robbery. However, on the agreed date, Penny has a cold, so decides to stay home. Pat still goes to the bank with the intention of carrying out the robbery, however he gets stuck in the revolving door to the building, so he too decides to go home. Advise Penny and Pat as to any possible criminal liability.